Section 29A Duty to check barring informationF1

(1)

The operator of a public service vehicle may not permit another person to drive the vehicle for a school service unless condition 1 or 2 is met.

(2)

Condition 1 is that—

(a)

the operator has, within the past three years, checked a relevant enhanced criminal record certificate issued within that period relating to the person who is to drive the vehicle, and

(b)

the certificate does not show that the person is barred from regulated activity relating to children.

(3)

Condition 2 is that—

(a)

the operator has, within the past three years, checked—

(i)

a relevant enhanced criminal record certificate relating to the person who is to drive the vehicle, and

(ii)

up-date information given, within the past three years, under section 116A of the Police Act 1997 in relation to the certificate,

(b)

the certificate does not show that the person is barred from regulated activity relating to children, and

(c)

the up-date information is not advice to request the person to apply for a new enhanced criminal record certificate.

(4)

In this section—

“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997;
“relevant enhanced criminal record certificate” means an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children.

Annotations

Textual amendments

F1: Pt. 2A inserted (E.W) (27.4.2026) by Bus Services Act 2025 (c. 24), ss. 33, 41(3)